ORDINANCE FOR RELEASE OF USE RESTRICTION COVENANT
WHEREAS, on February 11, 2004 the City Council of the City of Chicago ("City Council") passed a certain ordinance (C.J. pp. 18556-18560), (referred to herein as the "Vacation Ordinance"), which ordinance provided for an industrial program ("Industrial Program") street vacation ("Vacation") of the full width of W. Carroll Street, between the east line of N. Peoria Street and the west line of N. Halsted Street ("Subject Property"); and
WHEREAS, the Vacation Ordinance provided that the Vacation of the Subject Property was conditioned upon a restrictive use covenant running with the land ("Restrictive Use Covenant"), that required the Subject Property be used only for "manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or'products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities"; and
WHEREAS, the Restrictive Use Covenant was recorded on April 7th, 2004 with the Office of the Cook County Recorder of Deeds as Document Number 0409831099, and is attached hereto as Exhibit A; and
WHEREAS, the Vacation Ordinance was recorded on April 7 , 2004 with the Office of the Cook County Recorder of Deeds as Document Number 0409831098 and is attached hereto as Exhibit B: and
WHEREAS, Section 3 of the Vacation Ordinance sets forth that the Restrictive Use Covenant "may be released by the City only upon approval of the City Council which may condition its approval upon the payment of such compensation which it deems to be equal to the benefits accruing because ofthe vacation ofthe public way with restrictions on its use"; and
WHEREAS, 330 North Green LLC, an Illinois Limited Liability Company ("Current Owner"), is the current titleholder of the vacated Subject Property subject to the Restrictive Use Covenant; and
WHEREAS, the Current Owner has agreed to sell the Subject Property and its interest in the vacated alley pursuant to the Vacation Ordinance to: 330 N. Green, LLC, a Delaware limited liability company and 330 N. Halsted, LLC, a Delaware limited liability company (collectively, the "Developers"); and
WHEREAS, the Developers intend to use the area adjacent to the Vacation for
WHEREAS, the Developers intend to use the area adjacent to the Vacation for corporate office space or other uses as permitted by applicable zoning regulations, and the Current Owner and the Developers have requested a release of the Restrictive Use Covenant; and
WHEREAS, the City, upon due investigation and consideration, has determined that the public interest now warrants a release of the Restrictive Use Covenant reserved in Section 3 of the Vacation Ordinance for the payment of such additional compensation which it deems to be equal to the benefits accruing to the Developers because of the release of the Restrictive Use Covenant; now, therefore,
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. The recitals above are incorporated herein.
SECTION 2. The release of the Restrictive Use Covenant, in its entirety, appearing in Section 3 of the Vacation Ordinance is hereby approved upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, the Developers shall pay or cause to be paid to the City of Chicago as compensation for the benefits which will accrue to the Developers the amount of one million two hundred thirty thousand'^ which sum in the judgment of this body will be equal to such benefits. ,
Sl-230,000.00
SECTION 3. The release of the Restrictive Use Covenant herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, the Developers, shall file or cause to be filed in the Office of the Recorder of Deeds of Cook County, Illinois a certified copy of this ordinance.
SECTION 4. The Commissioner of the Department of Transportation is hereby authorized to execute, subject to the approval of the Corporation Counsel, a Release of Restrictive Use Covenant, in substantially the form attached as Exhibit C, and such other supporting documents as may be necessary or appropriate to carry out and comply with the provisions of the Release of Restrictive Use Covenant, with such changes, deletions and insertions as shall be approved by the persons executing the Release of Restrictive Use Covenant.
SECTION 5. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.
SECTION 6. This ordinance shall take effect upon its passage and approval.
Release of Restrictive Use Covenant Approved:
Rebekah SobJinfeld Commissioner
Department of Transportation
Approved as to Form and Legality
Richard Wendy Deputy Corporation Counsel
U.
Honorable Walter Burnett Alderman, 27th Ward
•I
EXHIBIT A
April 7, 2004 Recorded Restrictive Use Covenant (Attached)
Doc#: 0409831099
Eugene "Gene" Moore Fee: $64.50
Cook County Recorder of Deeds
Date: 04/07/2004 02:17 PM Pg: ^ oljl
RESTRICTIVE COVENANT
WHEREAS, CMC Heartland Partners and CMC Heartland Partners ni LLC, ("Owners"), hold legal title to certain parcels of real property ("Abutting Property") which are located at 800 to 824 West Carroll Avenue and 832 to 856 West Carroll Avenue; 801 to 825 West Carroll Avenue and 833 to 857 Wet Carroll Avenue in the County of Cook, State of Illinois, and which are currently used for the manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities; and
WHEREAS, the City Council ofthe City ofChicago approved an ordinance, a copy of which is attached as Exhibit A and which is hereby incorporated ("Ordinance") which Ordinance provided for the vacation of West Carroll Avenue lying between the west line of North Halsted Street and the east line of North Green Street and the vacation of West Carroll Avenue lying
|1010|
between the west line of North Green Street and the east line of North Peoria Street, (after referred to as "Subject Premises"), the Subject Premises being more particularly described in Exhibit A which is attached and incorporated; and
WHEREAS, the vacation provided in the Ordinance is conditioned upon the execution and recording by the Owners of a restrictive covenant running with the land that provides that the Subject Premises shall be used only for manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PASSAGE AND APPROVAL OF THE VACATION ORDINANCE AND THE VESTING OF TITLE IN THE Owners, WITHOUT THE REQUIREMENT THAT THE Owners PAY COMPENSATION TO THE CITY, THE Owners DO HEREBY AGREE WITH AND COVENANT TO THE CITY OF CHICAGO AS FOLLOWS:
1. USE. The Owners hereby covenant to the City of Chicago that the above-described Subject Premises shall not be used for any use or purpose other than those which are set forth in Exhibit B, which is attached and incorporated, and for those uses and purposes which are accessory to such activities, including, but not limited to, the location of necessary and appropriate offices and facilities, storage, employee and customer parking and other similar uses and facilities. The consideration for such covenant, which is deemed and agreed to be valuable and sufficient, is the vacation by the City ofChicago ofthe Subject Premises for the benefit of
|1010|
IZ i° Z :sBEd 6601Z860P0
Owners without the requirement that the Owners pay compensation to the City.
COVENANT TO RUN WITH THE LAND AND TERM THEREOF. The burdens of the covenant herein contained shall run with the Subject Premises. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns. The covenant shall be binding on the Owners, its successors and assigns, and shall be enforceable by the City, its successors and assigns. The covenant may be released or abandoned only upon approval ofthe City Council of the City of Chicago which may condition its approval upon the payment of such additional compensation by the Owners or any persons claiming under the Owners, which said City Council of the City of Chicago deems to be equal to the benefits accruing because of the release or abandonment of the covenant.
VIOLATION OF RESTRICTIONS.
(a) Reversion. In the event that the Owners cause or permit a violation of a restriction contained herein, the City of Chicago may serve the Owners with a written notice entitled NOTICE OF VIOLATION setting forth the violations. Such notice shall be sent to Owners at 330 North Green Street, Chicago, Illinois 60607. Within thirty (30) days of receipt of said Notice of Violation, Owners shall cause the correction of or cure the violations set forth therein. In the event that Owners shall fail or refuse to cause the correction of or cure such violations within the period of thirty (30) days, the City of Chicago may then record with the Cook County Recorder of Deeds a copy of the Notice of Violation, proof of service of the Notice of Violation and a Notice of Reversion. Upon the recording ofthe aforementioned documents by the City ofChicago, the Subject Premises
|1010|
HP £ '96ed 66CHe860t/0
EXHIBIT A - VACATION ORDINANCE
No. P.I.N. applicable - document affects newly vacated public way
|1010|IZiop :a6ed 6601X960^0
EXHIBIT B - PERMITTED USES
Manufacturing, production, processing, assembly, fabricating, cleaning, servicing and repair of materials, goods or products, including but nol limited to the following:
Food and Kindred Products
Tobacco Products
Apparel and Other Textile Products
Lumber and Wood Products
Furniture and Fixtures
Paper and Allied Products
Printed and Published Products
Chemicals and Allied Products
i. Petroleum and Coal Products
j. Rubber and Miscellaneous Plastics
k. Leather and Leather Products
1. Stone, Clay and Glass Products
m. Primary Metals
n. Fabricated Metal Products
o. Industrial Machinery and Equipment
p. Electronic and Electric Equipment
q. Transportation Equipment
r. Instruments and Related Products
s. Scrap Metals
Transportation and wholesale trade, as distinguished from retail trade, ofthe materials, goods or products listed above.
Research and development of prototypes and processes related to the activities listed above.
Establishment of an industrial trade school.
h:Covenant.CMCHeart1andPartnersCMCHcartlandPartncrsIIlLLC
\,Zio 9 :s6Ed 6601C86CM)
Subject Premises shall be deemed to be conveyed by Owners to the City of Chicago. In the event that the City does not exercise its right of reversion as stated in this Section 3(a) within twenty (20) years from the date of execution and recording of this Covenant, then the provisions of this Section 3(a) shall be deemed null and void.
(b) Enforcement. In addition to the foregoing, this Covenant shall be enforceable by all remedies available in law or in equity, including injunctive relief. IN WITNESS WHEREOF, the Owners has caused this Covenant to be duly executed and attested to this /^day of /^M/A . 2004.
CMC HEARTLAND PARTNERS
By: cJ^OaL^ ,
Its: Ct.
ATTEST:
: 7) ?S
Its:
tsslstant Corporation Couns
APPROVED AS TO FORM AND LEGALITY:
IZ jo 9 :aBed 66CHe860K)
CMC HEARTLAND PARTNERS III LLC
By: $fl«(C
VZ jo L .seed 6601e860W
STATE OF ILLINOIS )
)
COUNTY OF COOK )
L the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that /^-^u/U^cjl. AcJc/sd^ , personally known to me to
be the (L^j',(^_ i\?/cc£*J *4Jlf'u^- of CMC Heartland Partners, who is personally known to mc to be the same person whose name is subscribed to the foregoing instrument, appeared before
me this day in person and acknowledged that as such CZ^'p/ C^rc^^- ^^/r a^n
he/she signed and delivered the said instrument, as Trustee as aforesaid, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this / ^day of /^Prkrf 2004.
Notary Public
|TTrrn1iiiiiii»»»-ngm
Prepared by and when recorded, return to: Andrea Yao
Assistant Corporation Counsel 30 North LaSalle Street Room 1610, City Hall Chicago, Illinois 60602 312/744-1826
"OFFICIAL SEAL" E2£f ROLANDO R ACOSTA g
K^jsJ COMMISSION EXPIRES
IZIOQ :3BEd 66CHe860K)
STATE OF ILLINOIS )
)
COUNTY OF COOK )
L the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that /.a^/lt^u^ J-JUJ-£ a -J , personally known to me to
b« the Cy^uLf / mc to be the same person whose name is subscribed to the foregoing mstrument, appeared before
me this day in person and acknowledged that as such ^/^S/^^-^—
he/she signed and delivered the said instrument, as Trustee as aforesaid, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this / day of /^facJ) 2004.
Notary Public
My commission expires
Prepared by and when recorded, return to: Andrea Yao
Assistant Corporation Counsel 30 North LaSalle Street Room 1610, City Hall Chicago, Illinois 60602 312/744-1826
™ * "OFFICIAL SEAL"
| NOTARY £
|,3££f ROLANDO R ACOSTA
^•**«J COMMISSION EXPIRES 12/06/07
I.ZJ0 6 :o6ed 6601-8960^0
EXHIBIT A - VACATION ORDINANCE
No. P.I.N. applicable - document affects newly vacated public way
IZ JO 01 :s6ed 660L£860t>0
VACATION ORDINANCE
{The Above Space For Recorder's Use Only)
ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of local government pursuant to Article VII, Section6 (a) ofthe 1970 Constitution of the State of Illinois, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City has experienced a significant loss of industry and jobs in recent years, accompanied by a corresponding erosion of its tax base, due in part to industrial firms' inability to acquire additional property needed for their continued viability and growth; and
WHEREAS, many firms adjoin streets and alleys that are no longer required for public use and might more productively be used for plant expansion and modernization, employee parking, improved security, truck loading areas, or other
Page 1
iZ JO n :aBed 6601X8600
industrial uses; and
WHEREAS, the City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly dumping, vandalism and other criminal activity; and by expanding the City's tax base; and
WHEREAS, the City can strengthen established industrial areas and expand the City's job base by encouraging the growth and modernization of existing industrial facilities through the vacation of public streets and alleys for reduced compensation; and
WHEREAS, the properties at 800 to 824 W. Carroll Ave., 832 to 856 W. Carroll Ave., 801 to 825 W. Carroll Ave., and 833 to 857 W. Carroll Ave., are owned by CMC Heartland Partners and CMC Heartland Partners III LLC; and
WHEREAS, CMC Heartland Partners is the developer for Coyne Institute, which supports 640 students, and 45 full time staff; and
WHEREAS, CMC Heartland proposes to use the site for the development of a new industrial training facility and parking lot for Coyne Institute and other such uses which are reasonably necessary therefore; and
Page 2
IZ jo zi -aGed 660iG860K)
WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant the vacation of W. Carroll Avenue described in the following ordinance; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. All that part of W. Carroll Avenue lying South ofthe South line of Lots 10 through 19, both inclusive, in Subdivision
of Block 1 of Carpenters Addition to Chicago, being a Subdivision of the Southeast 1/4 of Section 8, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois,
lying North of the North line of Lots 1 through 5, both inclusive, in Block 18 in Carpenter's Addition to Chicago aforesaid, lying West of a line drawn from the Southeast corner of Lot 10 in Subdivision of Block 1 aforesaid to the Northeast corner of Lot 1 in Block 18 in Carpenter's Addition to Chicago aforesaid and lying East of a line drawn from the Southwest corner of Lot 19 in Subdivision of Block 1 aforesaid to the Northwest corner of Lot 5 in Block 18 in Carpenter's Addition to Chicago aforesaid
Also
All that part of W. Carroll Avenue lying South of the South line of Lots 12 through 16, both inclusive, in Block 2 in Carpenter's Addition to Chicago aforesaid, lying North of the
Page 3
IZPCl :96ed 6601X860^0
North line of Lots 1 through 5, both inclusive, lying West of a line drawn from the Southeast corner of Lot 12 in Block 2 in Carpenter's Addition to Chicago aforesaid to the Northeast corner of Lot 1 in Block 17 in Carpenter's Addition to Chicago aforesaid, and lying East of a line drawn from the Southwest corner of Lot 16 in Block 2 in Carpenter's addition to Chicago aforesaid to the Northwest corner of Lot 5 in Block 17 in Carpenter's Addition to Chicago aforesaid said parts of public streets herein vacated being further described as the vacation of W. Carroll Avenue lying between the West line of N. Halsted Street and the East line of N. Green Street and the vacation of W. Carroll Avenue lying between the West line of N. Green Street and the East line of N. Peoria Street as shaded and indicated by the words "TO BE VACATED11 on the drawing hereto attached, which drawing for greater certainty, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacation.
SECTION 2. The City of Chicago hereby reserves for the benefit of SBC Ameritech Illinois, their successors or assigns, an easement to operate, maintain, construct, replace, and renew overhead poles, wires, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy and telephonic and associated services under, over, and along that part of the public streets as herein vacated, with the right of ingress and egress.
Page 4
IZ jo tn .eBBd 660tG860t?0
SECTION 3. The Commissioner of Transportation is hereby authorized to accept, subject to the approval of the Corporation Counsel as to form and legality, and on behalf ofthe City ofChicago, the benefits of a covenant or similar instrument restricting the use of the public way vacated by this ordinance to the manufacturing ( including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and similar other uses and facilities. Such covenant shall be enforceable in law or in equity and shall be deemed to provide for reconveyance of the property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released by the City only upon approval of the City Council which may condition its approval upon the payment of such compensation which it deems to be equal to the benefits accruing because of the vacation of the public way with restrictions on its use.
Page 5
IZiOGl :a6Ed 660l.e860K>
SECTION 4 . The vacation herein provided for is made upon the express condition that within 180 days after .tite passage of this ordinance, CMC Heartland Partners and CMC Heartland Partners III LLC shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this ordinance, together with a redevelopment agreement complying with Section 3 of this ordinance, approved by the Corporation Counsel, and an attached drawing approved by the Superintendent of Maps.
SECTION 5. This ordinance shall take effect and be in force from and after
its passage.
Legal Description Approved:
Superintendent of Maps Approved as to Form and Legality
Chief Asst. Corporation Counsel
Honorable Walter Bi Alderman, 27th Ward
Page 6
IZ jo 91. :s6ed 66CHC860K)
Carpenters Addition to CNcaoo. being a Subdivision of the S.E. X ol Section 8-38-14.
•B'
SubcfMBion of BLK. 1 of Carpontort AdcWon to Chcago otc. (See "A").
•cr
' Decfcotjrjn for Public Street as provided for in Ordinance Passed Fob. 6, 1699. Roc. April 9.1899. Rec. April 12. 1899.
Doc # 2B03S46 Doc *2805173
•D*
Vacated by 0refinance Passed Nov. 25.1912. Rec. Jan. 20, 1913.
Vacated by Ordinance Passed May 5,1913. Rec. July3.1913.
Vacated by Instrument Re-Rec. Oct. 16. 1873.
Ante-Fire. Doc.# 131067
Si>p ^rtn i /^A , <£7
OF A ^
r
DEPT. Of F^VENUE-CHIC
BY.
I FIND NO DEFERRED INSTALLMENTS OF OUTSTANDING UNPAID SPECIAL ASSESSMENTS DUE AGAINST ^E LAND INCLINED IN THE. A8Q# PLAT.
I DQ NOT FIND ANY DELINQUENT.GENERAL TAXES UNPAID CURRENT GENERAL,TAXES DELINQUENT SPECIAL ASSESSEMENTS OR UNPAID CURRENT SPECIAL ASSESSEMENTS AGAINST THE STREETS AND ALLEYS INCLUDED IN THE ABOVE PLAT.
-Jl COUNTY CLERK
DATE.
-2 I
1.3 jo ii :aBBd 660l-Ce60t70
STATE OF ILLINOIS,)
)SS.
COUNTY OF COOK. )
I, JAMES J. LASKI, City Clerk of the City of Chicago, in the County of Cook and State of Illinois, DO HEREBY CERTIFY that the attached is a true and correct copy of that certain ordinance authorizing for vacation of portion of public alley in block bounded by West Carroll Avenue and North Peoria Street, which ordinance was passed on the eleventh (11th) day of February, 2004.
I DO FURTHER CERTIFY that the original, of which the attached is a true and correct copy, is on file in my office and that I am the lawful custodian of same.
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed the corporate seal of
the City of Chicago aforesaid, at the said City,
in the County and State aforesaid, this thirteenth
(13th) day of February, 2004.
JAMES J. LASKI, City Clerk
IZ jo 81- :sBEd 660l-e860K)
EXHIBIT B - PERMITTED USES
I. Manufacturing, production, processing, assembly, fabricating, cleaning, servicing and repair of materials, goods or products, including but not limited to the following:
Food and Kindred Products
Tobacco Products
Apparel and Other Textile Products
Lumber and Wood Products
Furniture and Fixtures
Paper and Allied Products
Printed and Published Products
Chemicals and Allied Products
i. Petroleum and Coal Products
j. Rubber and Miscellaneous Plastics
k. Leather and Leather Products
1. Stone, Clay and Glass Products
m. Primary Metals
n. Fabricated Metal Products
o. Industrial Machinery and Equipment
p. Electronic and Electric Equipment
q. Transportation Equipment
r. Instruments and Related Products
s. Scrap Metals
Transportation and wholesale trade, as distinguished from retail trade, ofthe materials, goods or products listed above.
Research and development of prototypes and processes related to the activities listed above.
Establishment of an industrial trade school.
h:Covenant.CMCHeanlandPailnersCMClIeaitlandPailnersllILLC
LZ jo OZ :s6ed 660l-C860t='0
-0409831099 Page. 21 of 21
Agreement in lieu of escrow Industrial Street Vacation Program
Re: Vacation of West Carroll Avenue lying between the west line of North Halsted Street and the east line of North Green Street and the vacation of West Carroll Avenue lying between the west line of North Green Street and the east line of North Peoria Street
With respect to the above referenced vacation, CMC Heartland Partners and CMC Heartland Partners m LLC ("Applicants"), through their duly authorized agents who have executed this Agreement below, hereby acknowledge receipt ofthe fully executed and accepted original ofthe Restrictive Covenant document, a copy of which is attached. In lieu of the requirement of entering into and paying the cost of an escrow agreement, the Applicants agree as follows:
To record such original document with the Cook County Recorder of Deeds; and
To provide and pay for an endorsement to a policy of title insurance issued by a title insurance company acceptable to the City which policy shall name the City as an additional insured in an amount not less than TEN THOUSAND DOLLARS ($10,000.00) and shall insure that the Restrictive Covenant is a valid obligation running with the land subject only to encumbrances acceptable to the City; and
To dciivcr to the City evidence of compliance wilh this Agreement within thirty (30) days of date executed below.
In the event the Applicants fail or refuse to comply with this Agreement, the Applicants hereby agree to cause the Subject Premises (as defined in the Restrictive Covenant) to be rededicated to the City ofChicago for public use.
AGREED:
CMC Heartland Partners
The CityofChicago
By:
AGREED:
CMC HeartlandTartners IE LLC
The City ofChicago
By:
JKCOVcnMltfioiidanMKt).*
EXHIBIT B
April 7, 2004 Recorded Vacation Ordinance (Attached)
VACATION ORDINANCE
(The Above Space For Recorder's Us« Only)
ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of local
government pursuant to Article VII, Section 6 (a) of the 1970 Constitution ofthe State of Illinois, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City has experienced a significant loss of industry and jobs in recent years, accompanied by a corresponding erosion of its tax base, due in part to industrial firms' inability to acquire additional property needed for their continued viability and growth; and
WHEREAS, many firms adjoin streets and alleys that are no longer required for public use and might more productively be used for plant expansion and modernization, employee parking, improved security, truck loading areas, or other
Page 1
oate£-7-Scores
QK BY C.
industrial uses; and
WHEREAS, the City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly dumping, vandalism and other criminal activity; and by expanding the City's tax base; and
WHEREAS, the City can strengthen established industrial areas and expand the City's job base by encouraging the growth and modernization of existing industrial facilities through the vacation of public streets and alleys for reduced compensation; and
WHEREAS, the properties at 800 to 824 W. Carroll Ave., 832 to 856 W. Carroll Ave., 801 to 825 W. Carroll Ave., and 833 to 857 W. Carroll Ave., are owned by CMC Heartland Partners and CMC Heartland Partners III LLC; and
WHEREAS, CMC Heartland Partners is the developer for Coyne Institute, which supports 640 students, and 45 full time staff; and
WHEREAS, CMC Heartland proposes to use the site for the development of a new industrial training facility and parking lot for Coyne Institute and other such uses which are reasonably necessary therefore; and
Page 2
WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant the vacation of W. Carroll Avenue described in the following ordinance; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. All that part of W. Carroll Avenue lying South of the South line of Lots 10 through 19, both inclusive, in Subdivision
of Block 1 of Carpenters Addition to Chicago, being a Subdivision of the Southeast 1/4 of Section 8, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois,
lying North of the North line of Lots 1 through 5, both inclusive, in Block 18 in Carpenter's Addition to Chicago aforesaid, lying West of a line drawn from the Southeast corner of Lot 10 in Subdivision of Block 1 aforesaid to the Northeast corner of Lot 1 in Block 18 in Carpenter's Addition to Chicago aforesaid and lying East of a line drawn from the Southwest corner of Lot 19 in Subdivision of Block 1 aforesaid to the Northwest corner of Lot 5 in Block 18 in Carpenter's Addition to Chicago aforesaid
Also
All that part of W. Carroll Avenue lying South of the South line of Lots 12 through 16, both inclusive, in Block 2 in Carpenter's Addition to Chicago aforesaid, lying North of the
Page 3
North line of Lots 1 through 5, both inclusive, lying West of a line drawn from the Southeast corner of Lot 12 in Block 2 in Carpenter's Addition to Chicago aforesaid to the Northeast corner of Lot 1 in Block 17 in Carpenter's Addition to Chicago aforesaid, and lying East of a line drawn from the Southwest corner of Lot 16 in Block 2 in Carpenter's addition to Chicago aforesaid to the Northwest corner of Lot 5 in Block 17 in Carpenter's Addition to Chicago aforesaid said parts of public streets herein vacated being further described as the vacation of W. Carroll Avenue lying between the West line of N. Halsted Street and the East line of N. Green Street and the vacation of W. Carroll Avenue lying between the West line of N. Green Street and the East line of N. Peoria Street as shaded and indicated by the words "TO BE VACATED" oh the drawing hereto attached, which drawing for greater certainty, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacation.
SECTION 2. The City of Chicago hereby reserves for the benefit of SBC Ameritech Illinois, their successors or assigns, an easement to operate, maintain, construct, replace, and renew overhead poles, wires, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy and telephonic and associated services under, over, and along that part of the public streets as herein vacated, with the right of ingress and egress.
Page 4
SECTION 3. The Commissioner of Transportation is hereby authorized to accept, subject to the approval of the Corporation Counsel as to form and legality, and on behalf of the City of Chicago, the benefits of a covenant or similar instrument restricting the use of the public way vacated by this ordinance to the manufacttiring ( including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and similar other uses and facilities. Such covenant shall be enforceable in law or in equity and shall be deemed to provide for reconveyance of the property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released by the City only upon approval of the City Council which may condition its approval upon the payment of such compensation which it deems to be equal to the benefits accruing because of the vacation of the public way with restrictions on its use.
Page 5
SECTION 4 . The vacation herein provided for is made upon the express condition that within 180 days after; the passage of this ordinance, CMC Heartland Partners and CMC Heartland Partners III LLC shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this ordinance, together with a redevelopment agreement complying with Section 3 of this ordinance, approved by the Corporation Counsel, and an attached drawing approved by the Superintendent of Maps.
SECTION 5. This ordinance shall take effect and be in force from and after
its passage.
Legal Description Approved:
Superintendent of Maps Approved as to Form and Legality
Chief Asst. Corporation Counsel
_M
Honorable Walter Bu Alderman, 27th Ward
Page 6
"A"
Carpenter's Addition to Chicago, bono, a Sitodivaion of the S.E. Yt o( Section 8-39-14.
¦B*
Subdivision of BLK. 1 of Carpenter's Addition to Chicago «*c (See 'Al.
Doc.# 28035*8 0oc.# 2806173
¦c
Dedication (or Public Street as provided tor n Ordinance Passed Feb 6.1899.
'D"
P
Doc. #5115639
Bee. April 9,1899. Rec. April 12, 1899.
Doc. #5219915
Vacated by Ordinance Passed Nov. 26. 1912. Rec. Jan 20.1913.
Vacated by Ordinance Passed May S, 1913. Rec. July 3.1913.
Vacated by Instrument Re-Rec. Oct. 16. 1873.
Anfis-Fire. Doc# 131067
Sup <&srf of Map -
1 ftiprc/ary 2? 20&4
Dr. No. 8-27-03-2749
_l
lU'lllll
CO
~i
W. KINZIE
90 I 5 *¦ IS 60 3 DO 2 w 1 8
g a Bj t X 7 s
I 9 -j { 8 8
t 10 11 8
tv 01
I FIND NO DEFERRED INSTALLMENTS OF OUTSTANDING UNPAID SPECIAL ASSESSMENTS DUE AGAINST J^E LAND INCLLjQED IN THE ABO^R^y
I DQ NOT FIND ANY DELINQUENT GENERAL TAXES UNPAID CURRENT GENERAL, TAXES DELINQUENT SPECIAL ASSESSEMENTS OR UNPAID CURRENT SPECIAL ASSESSEMENTS AGAINST THE STREETS. AND ALLEYS INCLUDED IN THE ABOVE PLAT.
^—- n- (Q-
COUNTY CLERK
Oo
DATE.
Property Index Numbers of parcels adjacent to the portion of West Carroll Avenue vacated by the attached ordinance adopted by the Chicago City Council on February 11, 2004.
Block 1 of Carpenter's Addition to Chicago East of Green Street Parcels
Lots 10 through 19, inclusive: PIN 17-08-407-012
West of Green Street Parcels
Lots 12 through 16, inclusive: PIN 17-08-406-007
Block 17 of Carpenter's Addition to Chicago
Lots 1 through 5, inclusive: PIN 17-08-414-001
Block 18 of Carpenter's Addition to Chicago
Lots 1 through 5, inclusive: PIN 17-08-415-001
STATE OF ILLINOIS,)
)SS.
COUNTY OF COOK. )
I, JAMES J. LASKI, City Clerk of the City of Chicago, in the County of Cook and State of Illinois, DO HEREBY CERTIFY that the attached is a true and correct copy of that certain ordinance authorizing for vacation of portion of public alley in block bounded by West Carroll Avenue and North Peoria Street, which ordinance was passed on the eleventh (11th) day of February, 2004.
I DO FURTHER CERTIFY that the original, of which the attached is a true and correct copy, is on file in my office and that I am the lawful custodian of same.
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed the corporate seal of
the City of Chicago aforesaid, at the said City,
in the County and State aforesaid, this thirteenth
(13th) day of February, 2004.
JAMES J. LASKI, City Clerk
•sir
o
CD C5
DOCUMENT WITH THIS EXHIBIT
ATT ACHED TO
—— DOCUMENT
«
WITH THIS EXHIBIT
RELEASE OF RESTRICTIVE USE COVENANT
(The Above Space For Recorder's Use Only)
CITY OF CHICAGO, an Illinois municipal corporation ("CITY"), pursuant to a February 11, 2004 ordinance ("Vacation Ordinance") which Ordinance was recorded on April 7, 2004 with the Office of the Cook County Recorder of Deeds as Document Number 0409831098, and is attached hereto as Exhibit A, and provided for an industrial program ("Industrial Program") street vacation ("Vacation") of the full width of W. Carroll Street, between the east line of N. Peoria Street and the, west line of N. Halsted Street ("Subject Property"), as legally described on Exhibit B attached hereto.
The Vacation Ordinance provided that the Vacation of the Subject Property was conditioned upon a restrictive use covenant running with the land ("Restrictive Use Covenant"), that required the Subject Property to be used for "manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities".
The Restrictive Use Covenant was recorded on April 7, 2004 with the Office of the Cook County Recorder of Deeds as Document Number 0409831099 and is attached hereto as Exhibit C.
Section 3 of the Vacation Ordinance sets forth that the Restrictive Use Covenant "may be released by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public way with restrictions on its use".
The City, upon due investigation and consideration, has determined that the public interest now warrants a release of. the Restrictive Use Covenant reserved in Section 4 of the Vacation Ordinance for the payment of such additional compensation which it deems to be equal to the benefits accruing to the Developer because of such release of the Restrictive Use Covenant.
The City hereby releases the Restrictive Use Covenant from the Subject Property, as legally described on Exhibit B, attached.
THIS TRANSFER IS EXEMPT PURSUANT TO THE PROVISIONS OF THE REAL ESTATE TRANSFER TAX ACT, 35 ILCS 200/31-45; AND SECTION 3-33-060.B OF THE CHICAGO TRANSACTION TAX ORDINANCE.
IN WITNESS WHEREOF, the City of Chicago has caused this instrument to be duly
executed in its name and behalf, by the Commissioner of the. Department of Transportation, on
or as of the day of , 2016.
CITY OF CHICAGO,
an Illinois municipal corporation
By: :
Rebekah Scheinfeld Commissioner
Department of Transportation
THIS TRANSFER IS EXEMPT PURSUANT TO THE PROVISIONS OF THE REAL ESTATE TRANSFER TAX ACT, 35 ILCS 200/31-45; AND SECTION 3-3 2-030B7(b) OF THE CHICAGO TRANSACTION TAX ORDINANCE.
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Rebekah Scheinfeld, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed, sealed and delivered as Commissioner, Department of Transportation, the said instrument as her free and voluntary act, and as the free and voluntary act ofthe City, for the uses and purposes therein set forth.
Given under my hand and official seal, this day of , 2016.
Notary Public
THIS INSTRUMENT WAS PREPARED BY: Karen Bielarz Senior Counsel
City of Chicago, Department of Law 121 N. LaSalle Street, Room 600 Chicago, Illinois 60601 312/744-6910
THIS TRANSFER IS EXEMPT PURSUANT TO THE PROVISIONS OF THE REAL ESTATE TRANSFER TAX ACT, 35 ILCS 200/31-45; AND SECTION 3-3 2-030B7(b) OF THE CHICAGO TRANSACTION TAX ORDINANCE.
EXHIBIT A
April 7, 2004 Recorded Vacation Ordinance (Attached)
VACATION ORDINANCE
(The Above Space For Recorder's Use Only)
ORDINANCE
WHEREAS, the City of Chicago ("City) is a home rule unit of local government pursuant to Article VII, Section 6 (a) ofthe 1970 Constitution ofthe State of Illinois, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City has experienced a significant loss of industry and jobs in recent years, accompanied by a corresponding erosion of its tax base, due in part to industrial firms' inability to acquire additional property needed for their continued viability and growth; and
WHEREAS, many firms adjoin streets and alleys that are no longer required
for public use and might more productively be used for plant expansion and
modernization, employee parking, improved security, truck loading areas, or other
tteCOfifJING tt£ __ a Q Page 1
DATE J-V -/COPIES £ f& /0
industrial uses; and
WHEREAS, the City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly dumping, vandalism and other criminal activity; and by expanding the City's tax base; and
WHEREAS, the City can strengthen established industrial areas and expand the City's job base by encouraging the growth and modernization of existing industrial facilities through the vacation of public streets and alleys for reduced compensation; and
WHEREAS, the properties at 800 to 824 W. Carroll Ave., 832 to 856 W. Carroll Ave., 801 to 825 W. Carroll Ave., and 833 to 857 W. Carroll Ave., are owned by CMC Heartland Partners and CMC Heartland Partners III LLC; and
WHEREAS, CMC Heartland Partners is the developer for Coyne Institute, which supports 640 students, and 45 full time staff; and
WHEREAS, CMC Heartland proposes to use the site for the development of a new industrial training facility and parking lot for Coyne Institute and other such uses which are reasonably necessary therefore; and
Page 2
WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant the vacation of W. Carroll Avenue described in the following ordinance; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. All that part of W. Carroll Avenue lying South of the South line of Lots 10 through 19, both inclusive, in Subdivision
of Block 1 of Carpenters Addition to Chicago, being a Subdivision of the Southeast 1/4 of Section 8, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois,
lying North of the North line of Lots 1 through 5, both inclusive, in Block 18 in Carpenter's Addition to Chicago aforesaid, lying West of a line drawn from the Southeast corner of Lot 10 in Subdivision of Block 1 aforesaid to the Northeast corner of Lot 1 in Block 18 in Carpenter's Addition to Chicago aforesaid and lying East of a line drawn from the Southwest corner of Lot 19 in Subdivision of Block 1 aforesaid to the Northwest corner of Lot 5 in Block 18 in Carpenter's Addition to Chicago aforesaid
Also
All that part of W. Carroll Avenue lying South of the South line of Lots 12 through 16, both inclusive, in Block 2 in Carpenter's Addition to Chicago aforesaid, lying North of the
Page 3
North line of Lots 1 through 5, both inclusive, lying West of a line drawn from the Southeast corner of Lot 12 in Block 2 in Carpenter's Addition to Chicago aforesaid to the Northeast corner of Lot 1 in Block 17 in Carpenter's Addition to Chicago aforesaid, and lying East of a line drawn from the Southwest corner of Lot 16 in Block 2 in Carpenter's addition to Chicago aforesaid to the Northwest corner of Lot 5 in Block 17 in Carpenter's Addition to Chicago aforesaid said parts of public streets herein vacated being further described as the vacation of W. Carroll Avenue lying between the West line of N. Halsted Street and the East line of N. Green Street and the vacation of W. Carroll Avenue lying between the West line of N. Green Street and the East line of N. Peoria Street as shaded and indicated by the words "TO BE VACATED" on the drawing hereto attached, which drawing for greater certainty, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacation.
SECTION 2. The City of Chicago hereby reserves for the benefit of SBC Ameritech Illinois, their successors or assigns, an easement to operate, maintain, construct, replace, and renew overhead poles, wires, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy and telephonic and associated services under, over, and along that part of the public streets as herein vacated, with the right of ingress and egress.
Page 4
u^uaoo i uao rage o or i i
SECTION 3. The Commissioner of Transportation is hereby authorized to accept, subject to the approval of the Corporation Counsel as to form and legality, and on behalf of the City ofChicago, the benefits of a covenant or similar instrument restricting the use of the public way vacated by this ordinance to the manufacturing ( including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and similar other uses and facilities. Such covenant shall be enforceable in law or in equity and shall be deemed to provide for reconveyance of the property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released by the City only upon approval of the City Council which may condition its approval upon the payment of such compensation which it deems to be equal to the benefits accruing because of the vacation of the public way with restrictions on its use.
Page 5
u4uy«J'iuyo rage' o ot t i
SECTION 4 . The vacation herein provided for is made upon the express condition that within 180 days after .the passage of this ordinance, CMC Heartland Partners and CMC Heartland Partners III LLC shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this ordinance, together with a redevelopment agreement complying with Section 3 of this ordinance, approved by the Corporation Counsel, and an attached drawing approved by the Superintendent of Maps.
SECTION 5. This ordinance shall take effect and be in force from and after
its passage.
Legal Description Approved:
Superintendent of Maps Approved as to Form and Legality
Chief Asst. Corporation Counsel
Honorable Walter Bit Alderman, 27th Ward
Page 6
U4uy«jiuao rage, i ot 11
Carpenters Addition to Cnkraco. being a Subdvefcm ol the S E. X ol Section B-39-14.
•B*
Subdivision ol 8LK. 1 ol Carpenter's Addition to Chicago etc. (See 'A*)
"D*
r? P
Dedication tor Public Street as provided (or in Ordinance Passed Feb. 6.1809.
Rec. April 9. 1899. Doc t 2803546
Doc. #5115639
Rec. April 12, 1899. 0oc.# 2806173
Doc. * 5219915
Vacated by Ordinance Passed Nov. 26. 1912. Rec Jan.20. 1913.
An^Fire. DOC* 131067
Vacated by Ordinance Passed May 5. 1913. Bee July 3,1913.
Vacated by Instrument Re-Rec. Oct. 16. 1873.
Dr. No. 8-27-03-2749
J
. _l I
-—V
METRA (Milwaukse Otstnct / W*st Una) \ . .
imiiiiiiiiii[iiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiii\iiiiiiiiiiiiiiiiiilH1
fe
CO
< rr O ui a.
z
Ui
o
I W. KINZIE
90 1 5 M a 00 2 M 1 §
S 6 Bl K. 7 8
f 9 "y \." 8 8
i 10 11 8
r-
I
DEPT. OF r^ENUE-CHIC,
BY.
I FIND NO DEFERRED INSTALLMENTS OF I OUTSTANDING UNPAID SPECIAL ASSESSMENTS DUE AGAINST LAND INCLVQED IN THE ABQ*£ PLAT,
I OQ NOT FIND ANY DELINQUENT GENERAl TAXES UNPAID CURRENT GENERAL, TAXES DELINQUENT SPECIAL ASSESSEMENTS OR UNPAIO CURRENT SPECIAL ASSESSEMENTS AGAINST THE STREETS AND ALLEYS INCLUDED IN THE ABOVE PLAT.
COUNTY CLERK
DATE
LMuyojiuyo page: born
Property Index Numbers of parcels adjacent to the portion of West Carroll Avenue vacated by the attached ordinance adopted by the Chicago City Council on February 11, 2004.
Block 1 of Carpenter's Addition to Chicago East of Green Street Parcels
Lots 10 through 19, inclusive: PIN 17-08-407-012
West of Green Street Parcels
Lots 12 through 16, inclusive: PIN 17-08-406-007
Block 17 of Carpenter's Addition to Chicago
Lots 1 through 5, inclusive: PIN 17-08-414-001
Block 18 of Carpenter's Addition to Chicago
Lots 1 through 5, inclusive: PIN 17-08-415-001
U4Uytf3lUy» rage: y ot 11
STATE OF ILLINOIS,)
)SS.
COUNTY OF COOK. )
I, JAMES J. LASKI, City Clerk of the City of Chicago, in the County of Cook and State of Illinois, DO HEREBY CERTIFY that the attached is a true and correct copy of that certain ordinance authorizing for vacation of portion of public alley in block bounded by West Carroll Avenue and North Peoria Street, which ordinance was passed on the eleventh (11th) day of February, 2004.
I DO FURTHER CERTIFY that the original, of which the attached is a true and correct copy, is on file in my office and that I am the lawful custodian of same.
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed the corporate seal of
the City of Chicago aforesaid, at the said City,
in the County and State aforesaid, this thirteenth
(13th) day of February, 2004.
JAMES J. LASKI, City Clerk
.5.3
U4Uyb31U98 Page: 10 ot 11
U4U»oo iu»o raye. i i ui i i
DOCUMENT^ ^ WITH THIS EXHIBIT
ATTACHED TO
EXHIBIT B
Legal Description Of
Subject Property
ALL THAT PART OF W. CARROLL AVENUE LYING SOUTH OF THE SOUTH LINE OF LOTS 10 THROUGH 19, BOTH INCLUSIVE, IN THE SUBDIVISION OF BLOCK 1 OF CARPENTER'S ADDTION TO CHICAGO, BEING A SUBDIVISION OF THE SOUTHEAST 1A OF SECTION 8, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY ILLINOIS, LYING NORTH OF THE NORTH LINE OF LOTS 1 THROUGH 5 BOTH INCLUSIVE, IN BLOCK 18 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID, LYING WEST OF A LINE DRAWN FROM THE SOUTHEAST CORNER OF LOT 10 IN THE SUBDIVISION OF BLOCK 1 AFORESAID TO THE NORTHEAST CORNER OF LOT 1 IN BLOCK 18 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID AND LYING EAST OF A LINE DRAWN FROM THE SOUTHWEST CORNER OF LOT 19 IN THE SUBDIVISION OF BLOCK 1 AFORESAID TO THE NORTHWEST CORNER OF LOT 5 IN BLOCK 18 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID
ALSO
ALL THAT PART OF W. CARROLL AVENUE LYING SOUTH OF THE SOUTH LINE OF LOTS 12 THROUGH 16, BOTH INCLUSIVE, IN BLOCK 2 IN CARPENTERS ADDITION TO CHICAGO AFORESAID, LYING NORTH OF THE NORTH LINE OF LOTS 1 THROUGH 5, BOTH INCLUSIVE, LYING WEST OF A LINE DRAWN FROM THE SOUTHEAST CORNER OF LOT 12 IN BLOCK 2 IN CARPENTER'S ADDDITION TO CHICAGO AFORESAID TO THE NORTHEAST CORNER OF LOT 1 IN BLOCK 17 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID, AND LYING EAST OF A LINE DRAWN FROM THE SOUTHWEST CORNER OF LOT 16 IN BLOCK 2 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID TO THE NORTHWEST CORNER OF LOT 5 IN BLOCK 17 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID SAID PARTS OF PUBLIC STREETS HEREIN VACATED BEING FURTHER DESCRIBED AS THE VACATION OF W. CARROLL AVENUE LYING BETWEEEN THE WEST LINE OF N. HALSTED STREET AND THE EAST LINE OF N. GREEN STREET AND THE VACATION OF W. CARROLL AVENUE LYING BETWEEN THE WEST LINE OF N. GREEN STREET AND THE EAST LINE OF N. PEORIA STREET
EXHIBIT C
April 7, 2004 Recorded Restrictive Use Covenant (Attached)
Doc#: 0409831099
Eugene "Gene" Moore Fee: $64.50
Cook County Recordei of Deeds
Date: 04/07/2004 02:17 PM Pg: 1 o\£f
RESTRICTIVE COVENANT
. WHEREAS, CMC Heartland Partners and CMC Heartland Partners III LLC, ("Owners"), hold legal title to certain parcels of real property ("Abutting Property") which are located at 800 to 824 West Carroll Avenue and 832 to 856 West Carroll Avenue; 801 to 825 West Carroll Avenue and 833 to 857 Wet Carroll Avenue in the County of Cook, State of Illinois, and which are currently used for the manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities; and
WHEREAS, the City Council of the City of Chicago approved an ordinance, a copy of which is attached as Exhibit A and which is hereby incorporated ("Ordinance") which Ordinance provided for the vacation of West Carroll Avenue lying between the west line of North Halsted Street and the east line of North Green Street and the vacation of West Carroll Avenue lying
between the west line of North Green Street and the east line of North Peoria Street, (after referred to as "Subject Premises"), the Subject Premises being more particularly described in Exhibit A which is attached and incorporated; and
WHEREAS, the vacation provided in the Ordinance is conditioned upon the execution and recording by the Owners of a restrictive covenant running with the land that provides that the Subject Premises shall be used only for manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PASSAGE AND APPROVAL OF THE VACATION ORDINANCE AND THE VESTING OF TITLE IN THE Owners, WITHOUT THE REQUIREMENT THAT THE Owners PAY COMPENSATION TO THE CITY, THE Owners DO HEREBY AGREE WITH AND COVENANT TO THE CITY OF CHICAGO AS FOLLOWS:
I. USE. The Owners hereby covenant to the City of Chicago that the above-described Subject Premises shall not be used for any use or purpose other than those which are set forth in Exhibit B, which is attached and incorporated, and for those uses and purposes which are accessory to such activities, including, but not limited to, the location of necessary and appropriate offices and facilities, storage, employee and customer parking and other similar uses and facilities. The consideration for such covenant, which is deemed and agreed to be valuable and sufficient, is the vacation by the City ofChicago of the Subject Premises for the benefit of
|1010|
IZio Z -aBBd 660l£860t70
Owners without the requirement that the Owners pay compensation to the City.
COVENANT TO RUN WITH THE LAND AND TERM THEREOF. The burdens of the covenant herein contained shall run with the Subject Premises. The benefits of such covenant shall be deemed in gross to the City ofChicago, its successors and assigns. - The covenant shall be binding on the Owners, its successors and assigns, and shall be enforceable by the City, its successors and assigns. The covenant may be released or abandoned only upon approval of the City Council ofthe City of Chicago which may condition its approval upon the payment of such additional compensation by the Owners or any persons claiming under the Owners, which said City Council of the City of Chicago deems to be equal to the benefits accruing because ofthe release or abandonment ofthe covenant.
VIOLATION OF RESTRICTIONS.
(a) Reversion. In the event that the Owners cause or permit a violation of a restriction contained herein, the City of Chicago may serve the Owners with a written notice entitled NOTICE OF VIOLATION setting forth the violations. Such notice shall be sent to Owners at 330 North Green Street, Chicago, Illinois 60607. Within thirty (30) days of receipt of said Notice of Violation, Owners shall cause the correction of or cure the violations set forth therein. In the event that Owners shall fail or refuse to cause the correction of or cure such violations within the period of thirty (30) days, the City of Chicago may then record with the Cook County Recorder of Deeds a copy of the Notice of Violation, proof of service of the Notice of Violation and a Notice of Reversion. Upon the recording ofthe aforementioned documents by the City ofChicago, the Subject Premises
|1010|
IZ JO£ :a6ed 660^860K)
EXHIBIT A - VACATION ORDINANCE
No. P.I.N. applicable - document affects newly vacated public way
IZiop :a6ed 660l-£860K)
EXHIBIT B - PERMITTED USES
Manufacturing, production, processing, assembly, fabricating, cleaning, servicing and repair of materials, goods or products, including but not limited to the following:
Food and Kindred Products
Tobacco Products
Apparel and Other Textile Products
Lumber and Wood Products
Furniture and Fixtures
Paper and Allied Products
Printed and Published Products
Chemicals and Allied Products
i. Petroleum and Coal Products
j. Rubber and Miscellaneous Plastics
k. Leather and Leather Products
1. Stone, Clay and Glass Products
m. Primary Metals
n. Fabricated Metal Products
o. Industrial Machinery and Equipment
p. Electronic and Electric Equipment
q. Transportation Equipment
r. Instruments and Related Products
s. Scrap Metals
Transportation and wholesale trade, as distinguished from retail trade, ofthe materials, goods or products listed above.
Research and development of prototypes and processes related to the activities listed above.
Establishment of an industrial trade school.
h.Covenant.CMCHcarllandPartnCTsCMCHeartlandPartncrsIIlLLC
IZ io g :e6Ed 6601X860*0
Subject Premises shall be deemed to be conveyed by Owners to the City of Chicago. In the event that the City does not exercise its right of reversion as stated in this Section 3(a) within twenty (20) years from the date of execution and recording of this Covenant, then the provisions of this Section 3(a) shall be deemed null and void.
(b) Enforcement. In addition to the foregoing, this Covenant shall be enforceable by all remedies available in law or in equity, including injunctive relief. IN WITNESS WHEREOF, the Owners has caused this Covenant to be duly executed and attested to this j/f^dayof /*?#ac//- , 2004.
Its: CE*
APPROVED AS TO FORM AND LEGALITY:
IZ JO 9 -sSBd 6601-£860*0
CMC HEARTLAND PARTNERS III LLC
llio i :a6ed 6601X860*0
STATE OF ILLINOIS )
)
COUNTY OF COOK )
L the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that £<2<^/Zt^ou /AzJc/sdJ , personally known to me to
be the me to be the same person whose name is subscribed to the foregoing instrument, appeared before
me this day in person and acknowledged that as such CJ>'<^/ (^ec^J^u- ^J?o^
he/she signed and delivered the said instrument, as Trustee as aforesaid, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this / ^day of /*f(>*
Notary Public
My commission expires _
Prepared by and when recorded, return to: Andrea Yao
Assistant Corporation Counsel 30 North LaSalle Street Room 1610, City Hall Chicago, Illinois 60602 312/744-1826
-OFFICIAL SEAL" I E£x f ROLANDO R ACOSTA
tegs] COMMISSION EXPIRES 12/06/07
EOLJ
IZ i° 8 :s6ed 6601X860*0
STATE OF ILLINOIS )
)
COUNTY OF COOK )
L the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that /Loa^J/IotJcl. d-tdd* a ~> , personally known to me to
be the Cj^ej i dU^L- of CMC Heartland Partners m LLC personally known to
mc to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such _
he/she signed and delivered the said instrument, as Trustee as aforesaid, for the uses and purposes therein set form.
GIVEN under my hand and notarial seal this / day of /*1#/ic4 2004.
My commission expires
Prepared by and when recorded, return to: Andrea Yao
Assistant Corporation Counsel 30 North LaSalle Street Room 1610, City Hall Chicago, Illinois 60602 312/744-1826
OFFICIAL SEAL *wreo>f ROLANDO R ACOSTA
M«wwJ COMMISSION EXPIRES 12/06/07
IZ JO 6 :aBEd 6601. £860*0
EXHIBIT A - VACATION ORDINANCE
No. P.I.N. applicable - document affects newly vacated public way
1.2 jo oi- -'sBed 6601,£860*0
VACATION ORDINANCE
(The Above Space For Recorder's Use Only)
ORDINANCE
WHEREAS, the City of Chicago ("City*) is a home rule unit of local government pursuant to Article VII, Section 6 (a) of the 1970 Constitution of the State of Illinois, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City has experienced a significant loss of industry and jobs in recent years, accompanied by a corresponding erosion of its tax base, due in part to industrial firms' inability to acquire additional property needed for their continued viability and growth; and
WHEREAS, many firms adjoin streets and alleys that are no longer required for public use and might more productively be used for plant expansion and modernization, employee parking, improved security, truck loading areas, or other
Page 1
Ln
iZ jo u :a6ed 6601X860*0
industrial uses; and
WHEREAS, the City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly dumping, vandalism and other criminal activity; and by expanding the City's tax base; and
WHEREAS, the City can strengthen established industrial areas and expand the City's job base by encouraging the growth and modernization of existing industrial facilities through the vacation of public streets and alleys for reduced compensation; and
WHEREAS, the properties at 800 to 824 W. Carroll Ave., 832 to 856 W. Carroll Ave., 801 to 825 W. Carroll Ave., and 833 to 857 W. Carroll Ave., are owned by CMC Heartland Partners and CMC Heartland Partners III LLC; and
WHEREAS, CMC Heartland Partners is the developer for Coyne Institute, which supports 640 students, and 45 full time staff; and
WHEREAS, CMC Heartland proposes to use the site for the development of a new industrial training facility and parking lot for Coyne Institute and other such uses which are reasonably necessary therefore; and
Page 2
IZiO Zl :s6ed 6601-E860KI
WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant the vacation of W. Carroll Avenue described in the following ordinance; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. All that part of W. Carroll Avenue lying South of the South line of Lots 10 through 19, both inclusive, in Subdivision
of Block 1 of Carpenters Addition to Chicago, being a Subdivision of the Southeast 1/4 of Section 8, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois,
lying North of the North line of Lots 1 through 5, both inclusive, in Block 18 in Carpenter's Addition to Chicago aforesaid, lying West of a line drawn from the Southeast corner of Lot 10 in Subdivision of Block 1 aforesaid to the Northeast corner of Lot 1 in Block 18 in Carpenter's Addition to Chicago aforesaid and lying East of a line drawn from the Southwest corner of Lot 19 in Subdivision of Block 1 aforesaid to the Northwest corner of Lot 5 in Block 18 in Carpenter's Addition to Chicago aforesaid
Also
All that part of W. Carroll Avenue lying South ofthe South line of Lots 12 through 16, both inclusive, in Block 2 in Carpenter's Addition to Chicago aforesaid, lying North of the
Page 3
1-2 jo :s6ed 66CH£860K)
North line of Lots 1 through 5, both inclusive, lying West of a line drawn from the Southeast corner of Lot 12 in Block 2 in Carpenter's Addition to Chicago aforesaid to the Northeast corner of Lot 1 in Block 17 in Carpenter's Addition to Chicago aforesaid, and lying East of a line drawn from the Southwest corner of Lot 16 in Block 2 in Carpenter's addition to Chicago aforesaid to the Northwest corner of Lot 5 in Block 17 in Carpenter's Addition to Chicago aforesaid said parts of public streets herein vacated being further described as the vacation of W. Carroll Avenue lying between the West line of N. Halsted Street and the East line of N. Green Street and the vacation of W. Carroll Avenue lying between the West line of N. Green Street and the East line of N. Peoria Street as shaded and indicated by the words TO BE VACATED1' on the drawing hereto attached, which drawing for greater certainty, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacation.
SECTION 2. The City of Chicago hereby reserves for the benefit of SBC Ameritech Illinois, their successors or assigns, an easement to operate, maintain, construct, replace, and renew overhead poles, wires, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy and telephonic and associated services under, over, and along that part of the public streets as herein vacated, with the right of ingress and egress.
Page 4
IZ jo H :s6ed 6601£860*0
SECTION 3. The Commissioner of Transportation is hereby authorized to accept, subject to the approval of the Corporation Counsel as to form and legality, and on behalf of the City of Chicago, the benefits of a covenant or similar instrument restricting the use of the public way vacated by this ordinance to the manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and similar other uses and facilities. Such covenant shall be enforceable in law or in equity and shall be deemed to provide for reconveyance of the property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released by the City only upon approval of the City Council which may condition its approval upon the payment of such compensation which it deems to be equal to the benefits accruing because of the vacation of the public way with restrictions on its use.
Page 5
LS jo gi, :a6ed 6601-£860*0
SECTION 4 . The vacation herein provided for is made upon the express condition that within 180 days after .the passage of this ordinance, CMC Heartland Partners and CMC Heartland Partners III LLC shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this ordinance, together with a redevelopment agreement complying with Section 3 of this ordinance, approved by the Corporation Counsel, and an attached drawing approved by the Superintendent of Maps.
SECTION 5. This ordinance shall take effect and be in force from and after
its passage.
Legal Description Approved:
Superintendent of Maps Approved as to Form and Legality
Chief Asst. Corporation Counsel
Honorable Walter Bt Alderman, 27th Ward
Page 6
1.3 jo 91. :a6ed 6601X860*0
Corpomors Addition to Chicago, bolnc a Subdivision of iho S E. X o) Soctton B-38-14.
"B"
SubdMaion of BLK. 1 ol Carpenters Addrdon to Chicago ate. (See 'A").
Dec » 2B03546 Dec,* 2805173
Dodtoation lor Public Street aa provided tor in Orolnanoa Passed Feb. 6,1899.
Rec. April 9.1898. Rec. April 12. 1899.
"D"
Vacated by Ordinance Passed Nov. 25 1912 Bee. Jan. 20, 1913.
Vacated by Ordinance Passed May 5,1913. Rec. July3.1913.
Vacated by Instrument Re-Rec. Oct. 16. 1673.
Ante^Tre Doc.# 131067
°o
Sup *an+£n cfesiror M#p?>
JO"
Dr. No. 8-27-03-2749
DEPT. OF fyVENUE- CHIC
t FIND NO DEFERRED INSTALLMENTS OF, OUTSTANDING UNPAID SPECIAL ASSESSMENTS DUE AGAINST JijE LAND INCLlfQED IN THE|1010|BY.
IZIO a :86ed 6601X860*0
I DQ NOT FIND AMY DELINQUENT GENERAL TAXES UNPAID CURRENTGENERAL, TAXES DELINQUENT SPECIAL ASSESSEMENTS OR UNPAID CURRENT SPECIAL ASSESSEMENTS AGAINST THE STREETS AND ALLEYS INCLUDED IN THE ABOVE PLAT.
COUNTY CLERK
DATE
d
13
STATE OF ILLINOIS,)
)SS.
COUNTY OF COOK. )
I, JAMES J. LASKI, City Clerk of the City of Chicago, in the County of Cook and State of Illinois, DO HEREBY CERTIFY that the attached is a true and correct copy of that certain ordinance authorizing for vacation of portion of public alley in block bounded by West Carroll Avenue and North Peoria Street, which ordinance was passed on the eleventh (11th) day of February, 2004.
I DO FURTHER CERTIFY that the original, of which the attached is a true and correct copy, is on file in my office and that I am the lawful custodian of same.
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed the corporate seal of
the City of Chicago aforesaid, at the said City,
in the County and State aforesaid, this thirteenth
(13th) day of February, 2004.
JAMES J. LASKI, City Clerk
1-Z jo 81. :96ed 6601X860170
EXHIBIT B - PERMITTED USES
I. Manufacturing, production, processing, assembly, fabricating, cleaning, servicing and repair of materials, goods or products, including but not limited to the following:
Food and Kindred Products
Tobacco Products
Apparel and Other Textile Products
Lumber and Wood Products
Furniture and Fixtures
Paper and Allied Products
Printed and Published Products
Chemicals and Allied Products
i. Petroleum and Coal Products
j. Rubber and Miscellaneous Plastics
k. Leather and Leather Products
1. Stone, Clay and Glass Products
m. Primary Metals
n. Fabricated Metal Products
o. Industrial Machinery and Equipment
p. Electronic and Electric Equipment
q. Transportation Equipment
r. Instruments and Related Products
s. Scrap Metals
Transportation and wholesale trade, as distinguished from retail trade, ofthe materials, goods or products listed above.
Research and development of prototypes and processes related to the activities listed above.
Establishment of an industrial trade school.
h:Covenant.CMCHearilandPannersCMCIIeartlandPai1nerslllLLC
IZ JO 03 :s6Bd 6601X860*0
-0409831099 Page: 21 of 21
Agreement-in lieu of escrow Industrial Street Vacation Program
Re: Vacation of West Carroll Avenue lying between the west line of North Halsted Street and the east line of North Green Street and the vacation of West Carroll Avenue lying between the west line of North Green Street and the east line of North Peoria Street
With respect to the above referenced vacation, CMC Heartland Partners and CMC Heartland Partners IU LLC ("Applicants"), through their duly authorized agents who have executed this Agreement below, hereby acknowledge receipt ofthe fully executed and accepted original ofthe Restrictive Covenant document, a copy of which is attached. In lieu of the requirement of entering into and paying the cost of an escrow agreement, the Applicants agree as follows:
To record such original document with the Cook County Recorder of Deeds; and
To provide and pay for an endorsement to a policy of title insurance issued by a title insurance company acceptable to the City which policy shall name the City as an additional insured in an amount not less than TEN THOUSAND DOLLARS ($10,000.00) and shall insure that the Restrictive Covenant is a valid obligation running with the land subject only to encumbrances acceptable to the City; and
To deliver to the Ciry evidence of compliance with this Agreement within thirty (30) days of date executed below.
In the event the Applicants fail or refuse to comply with this Agreement, the Applicants hereby agree to cause the Subject Premises (as defined in the Restrictive Covenant) to be rededicated to the City ofChicago for public use.
AGREED:
CMC Heartland Partners
The CityofChicago
By:
AGREED:
CMC HeartlandTartncrs UJ LLC
The Ciry ofChicago
u
4-J
tn
ro
13
4-J
o
13
JC
LO l_
OJ
c o
CM
OJ CtD
ro Q.
OJ OJ to
* *
r
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
A. Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable: 330 North Green LLC
Check ONE ofthe following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[X] the Applicant- Property Owner
OR
[] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicant in which the Disclosing Party holds an interest:
OR
3. [] a legal entity with a right of control (see Section II.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party: l North State Street, Suite 400
Chicago, IL 60602
Telephone: 312-762-9486 Fax: 312-762-9451 Email: sid@sgsaltz.com
Name of contact person: Sidney G. Saltz
Federal Employer Identification No. (if you have one): N/A
Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, if applicable):
Application for removal of restrictive use covenant against property located at 330 N. Green St. and 330 N. Halsted St.,
Chicago, IL
Which City agency or department is requesting this EDS? CDOT
Ifthe Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification tt N/A and Contract # NM
Page 1 of 13
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Party: - . . .
Person [x] Limited liability company
Publicly registered business corporation [ ] Limited liability partnership
Privately held business corporation [ ] Joint venture
Sole proprietorship [ ] Not-for-profit corporation
General partnership (Is the not-for-profit corporation also a 501(c)(3))?
Limited partnership [ ] Yes [ ] No
Trust [ ] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[ ] Yes [ ] No fx] N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).
If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management of the Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title Coyne American Institute, Inc. . Member
2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
Page 2 of 13
interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
Name Business Address Percentage Interest in the
1 N. State Street, Suite 400 Disclosing Party
Coyne American Institute, Inc. Chicago, IL 60602 100% .
SECTION III -- BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[ ] Yes [X] No
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.
"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.
If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
Page 3 of 13
Name (indicate whether Business retained or anticipated Address to be retained)
Relationship to Disclosing Party (subcontractor, attorney, lobbyist, etc.)
Fees (indicate whether paid or estimated.) NOTE: "hourly rate" or "t.b.d." is not an acceptable response.
(Add sheets if necessary)
[X] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V - CERTIFICATIONS
A. COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under Municipal Code Section 2-92-415, substantial owners ofbusiness entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
|X] No [ ] No person directly or indirectly owns 10% or more ofthe
Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[ ] Yes
B. FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
The Disclosing Party and, ifthe Disclosing Party is a legal entity, all of those persons or entities identified in Section II.B. 1. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;
have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
The certifications in subparts 3, 4 and 5 concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee ofthe Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 13
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or ofthe United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control ofthe U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
Ifthe Disclosing Party is'unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
N/A
Page 6 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees ofthe Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, ofthe City of Chicago (if none, indicate with "N/A" or "none"). None
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City ofChicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient. None
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [x] is not
a "financial institution" as defined in Section 2-32-455(b) ofthe Municipal Code.
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 ofthe Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 ofthe Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
Ifthe Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 ofthe Municipal Code, explain here (attach additional pages if necessary):
N/A
Page 7 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 ofthe Municipal Code have the same meanings when used in this Part D.
In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes [x] No
NOTE: If you checked "Yes" to Item D.L, proceed to Items D.2. and D.3. If you checked "No" to Item D.L, proceed to PartE.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes [ ] No
If you checked "Yes" to Item D.L, provide the names and business addresses ofthe City officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to
Page 8 of 13
comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
x 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A.l. above for his or her lobbying activities or to-pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
Page 9 of 13
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy ofthe statements and information set forth in paragraphs A.l. and A.2. above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
Ifthe Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant? N/A
[ ] Yes [ ] No
If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[]Yes []No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes [ ] No
Have you participated in any previous contracts.or subcontracts subject to the equal opportunity clause?
[ ] Yes [ ] No
If you checked "No" to question 1. or 2. above, please provide an explanation:
Page 10 of 13
SECTION VII- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
The information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.
The Disclosing Party represents and warrants that:
Page 11 of 13
F.L The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to the City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
F.2 If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.
F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.l. and F.2. above and will not, without the prior written consent ofthe City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
NOTE: If the Disclosing Party cannot certify as to any ofthe items in F.L, F.2. or F.3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as ofthe date furnished to the City.
it or type name or uisciosing rai
UyJ) ^ ^iMs
330 North Green LLC By: Coyne American Institute, Inc., its member
(Print or^type name of Disclosing Party)
By:
(Sign here) Russell T. Freeman
(Print or type name of person signing) President
(Print or type title of person signing)
Signed and sworn to before me on (date) ^
coy, ruga's W»» ,
UpkfCmh^^ Notary Poblic. j «3LK5"
lj~ 4 Notary Public - State ot Illinois
'. . \ <0<^ 0/-^9 H Mv CommJMlon Explrtt Ft* 25.2020
Commission expires: /-->\ £AJ/--\J w _nnpnpi4, -
Page 12 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as ofthe date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any ofthe following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers ofthe Disclosing Party listed in Section TLB. La., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, ifthe Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, ifthe Disclosing Party is a limited liability company; (2) all principal officers ofthe Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Docs the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes [x] No
If yes, please identify below (1) the name and title of such person, (2) the name ofthc legal entity to which such person is connected; (3) the name and title ofthe elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Page 13 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
1. Pursuant to Municipal Code Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to Section 2-92-416 ofthe Municipal Code?
[ ]Yes [X]No
If the Applicant is a legal entity publicly traded on any exchange, is any officer or director of the Applicant identified as a building code scofflaw or problem landlord pursuant to Section 2-92-416 of the Municipal Code?
[ ] Yes ¦ [ ] No [x ] Not Applicable
3. If yes to (1) or (2) above, please identify below the name of the person or legal entity
identified as a building code scofflaw or problem landlord and the address ofthe building or buildings to which the pertinent code violations apply.
FILLING OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT THAT THIS APPENDIX B IS INCORPORATED BY REFERENCE INTO, AND MADE A PART OF, THE ASSOCIATED EDS, AND THAT THE REPRESENTATIONS MADE IN THIS APPENDIX B ARE SUBJECT TO THE CERTIFICATION MADE UNDER PENALTY OF PERJURY ON PAGE 12 OF THE ASSOCIATED EDS.